Rogers v The Independent Liquor and Gaming Authority (No 2) [2018] NSWSC 1177

Rogers v The Independent Liquor and Gaming Authority (No 2) [2018] NSWSC 1177

The Independent Liquor and Gaming Authority's failure to comply with mandatory procedural steps in s 51(13) of the Liquor Act 2007 (NSW)—specifically, failing to notify the licensee of its proposed decision and provide a reasonable opportunity for submissions—rendered its decision to vary the extended trading authorisation invalid; compliance with these statutory prerequisites is required regardless of claimed lack of practical injustice.

Jurisdiction
Australia
Judgment Date
01 August 2018
Procedural Posture
Judicial Review / Principal Judgment
Outcome
Decision of the Authority varied the extended trading authorisation is invalid and set aside; costs to the plaintiffs unless parties approach within 7 days.
Legal Topics
['liquor Licensing' 'statutory Decision Making' 'procedural Fairness' 'judicial Review' 'merits Review' 'extended Trading Authorisations']
['administrative Law'] ['liquor Licensing' 'statutory Decision Making' 'procedural Fairness' 'judicial Review' 'merits Review' 'extended Trading Authorisations']

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Procedural Posture

Judicial Review / Principal Judgment

Legal Issues

  1. 1 ["Whether the Independent Liquor and Gaming Authority's decision to vary an extended trading authorisation was invalid for failure to comply with s 51(13) of the Liquor Act 2007 (NSW)" 'Whether plaintiffs were denied procedural fairness' 'Whether failure to comply with s 51(13) renders the decision invalid' 'Whether the licensee was deprived of merits review before NCAT due to the Authority making a decision on its own initiative']

Ratio Decidendi

The Independent Liquor and Gaming Authority's failure to comply with mandatory procedural steps in s 51(13) of the Liquor Act 2007 (NSW)—specifically, failing to notify the licensee of its proposed decision and provide a reasonable opportunity for submissions—rendered its decision to vary the extended trading authorisation invalid; compliance with these statutory prerequisites is required regardless of claimed lack of practical injustice.

Court Disposition

Decision of the Authority varied the extended trading authorisation is invalid and set aside; costs to the plaintiffs unless parties approach within 7 days.

Orders

  • ['The 13 June 2018 decision of the Independent Liquor and Gaming Authority varying the extended trading authorisation of the Sydney Junction Hotel is invalid and set aside.' "Unless the parties approach within 7 days the Commissioner of Police is to bear Mr Rogers and Mr Boland's costs, as agreed or assessed."]